FREQUENTLY ASKED QUESTIONS

IKO ROOFING SHINGLES

What is this class action about?

The representative plaintiff, on behalf of himself and the Class, is claiming damages from the defendants (IKO Industries Ltd., Canroof Corporation Inc., and I.G. Machine & Fibers Ltd.) for the negligent design and manufacture of IKO Organic Shingles. Specifically, the representative plaintiff alleges that IKO Organic Shingles were negligently designed and manufactured in a manner that, under normal conditions and usage, would result in premature failure.

Additionally, with respect to persons in British Columbia, Saskatchewan, Manitoba, Quebec and/or New Brunswick, the representative plaintiff also asserts claims for breach of the consumer protection legislation. Specifically, the representative plaintiff asserts that the Defendants breached the consumer protection legislation by representing that IKO Organic Shingles complied with industry standards, notwithstanding that IKO Organic Shingles did not comply with industry standards and that the Defendants did not conduct the necessary testing to determine whether IKO Organic Shingles did, in fact, comply with industry standards.

The representative plaintif seeks damages, on behalf of himself and the Class, for, among other things, the costs of removing and replacing defective IKO Organic Shingles, including associated labour costs. The court has not taken any position as to the likelihood of recovery on the part of the representative plaintiff or the Class, or as to the truth or merits of the claims or defences asserted by either side. The allegations made by the representative plaintiff have not been proven in court.

What is the status of the ongoing class action?

On July 19, 2012, the action was certified as a class proceeding by the Ontario Superior Court of Justice. On June 5, 2013, the Ontario Divisional Court denied leave to appeal the certification order. The court certified a national class on behalf of all persons that own or have owned, lease or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased buildings in Canada that contain or have ever contained IKO organic shingles. This means that the claims of all class members will be determined in a single proceeding.

The litigation is now in the discovery stage. The parties are preparing for documentary discovery, which involves the parties exchanging their relevant documents. It is expected that the defendants will produce a large volume of documents. After documentary discovery is complete, the next step will be oral examinations for discovery (this involves asking each other’s representatives questions about the matters at issue in the litigation). Once discoveries are complete (assuming that no settlement has been achieved with IKO), there will be a trial of the common issues.

At this stage, it is not possible to determine how long the litigation will take.

Can I join the class action?

At this stage, there is nothing required to join the class action. To receive updates about the status of the class action, including any settlement, complete the online information form. If you have already contacted Siskinds about the class action, you will have already been registered to receive updates and do not need to complete the online registration form again.

What should I be doing to protect my rights?

Please retain copies of all related invoices and receipts. You should also take photographs of the roof before removing the shingles, keep sample shingles (both any unused shingles and shingles removed from your roof) and, if possible, have your roofing contractor write a short report regarding the condition of the shingles. All of this information might be needed when the time comes to file a claim under any class action settlement or judgment.